Features
Perversions of the Justice System
Comparative Remarks on Sri Lanka and the USA
by Kumar David
Uneven Justice by Raj Rajaratnam. Post Hill Press, New York.
ISBN: 978-1-6378-281-7; ISBN (eBook) 978-1-6378-280-0
This is not a book review; it is a political commentary making appraisals and judgements in my own style about perversion of justice in Sri Lanka and the USA and let me say straight away and upfront that though there are perversions in both nations they are of an entirely different genre. Survey of these differences is the purpose of this column and a synopsis of my thesis is this: The perversions of the justice system in Lanka flow from the very top, the president, prime minister, cabinet and MPs; the king pin is the president himself or herself (Chandrika). The perversion of the justice system in the USA is systemic and ingrained in prosecutorial, Grand Jury and plea-bargaining procedures and in the ambitions of some official’s in the Department of Justice, the FBI and “Special Agents”. It is this political side not the personal aspects, though fascinating, of RR’s book that I make use of. I will make judgemental remarks comparing the US and Sri Lanka at the end, after I am done with the descriptive part of this piece.
Preet Bahara (and RR) Anil Kumar
There are three principal actors who Raj Rajaratnam (RR) alleges as individuals who perjured themselves, lied in court, changed testimony for personal gain, falsely incriminated others or behaved with gross arrogance. (There were also allegedly ‘lesser’ criminal perjurers; Roomy Khan, Rajiv Goel, Adam Smith etc). I am sure this lot are not the worst violators of justice in the American establishment. Something interesting is that they are named and their alleged crimes explicitly and extensively documented by RR but none has sued RR for criminal libel! This I find fascinating for its comparison with Victor Ivan’s book The Queen of Deceit which extensively and explicitly documents Chandrika’s alleged financial corruption and abuses of power from the mid-1990s onward. In particular Ivan covers the private power plant and Water’s Edge scandals. Chandrika never sued Ivan, an obvious admission of guilt. Ivan was politically very close to Chandrika during her rise to power in the early 1990s. See Wikipedia for details of her alleged gross misbehaviour https://en.wikipedia.org/wiki/Victor_Ivan.
The big three named by RR alleging abuse of office (Preet Bahara, Anil Kumar and FBI Special Agent B.J. Kang) nor any of the others have taken RR to court though the evidence needed for malicious slander charges is copious and explicitly on offer. The conclusion that I draw from this is that RR’s allegations must be mostly true. Photos of Bahara are easy to find and Anil Kumar’s mug can be located on the web with difficulty because he tries to hide it. Both photos are provided here; I have not been able to download a still photo of FBI Agent Kang but a video is available on YouTube.
RR’s indictments against the American justice system
=The system is frequently used by ambitious or corrupt officials for personal gain.
=The Grand Jury system is unfairly loaded against the accused.
=Plea Bargaining is a routinised procedure for subverting justice.
=Congressional oversight is inadequate and Congressmen/women indulge in insider trading.
=Political interference with the Judiciary is infrequent and confined to the lower courts..
I will summarise RR’s arguments but in the interests of brevity I refrain from saying “as RR says” again and again. The reader would be justified in assuming that in my view his arguments in so far as they pertain to the political aspects of the justice system are mostly correct. I need to add that though I am not a lawyer I come from a family chock full of lawyers on both sides.

Abuse of the American justice system by ambitious officials
RR’s book is a personal indictment of many officials in the US justice system. It is good reading and the accusations are robust. The failure of any one of the explicitly accused to prosecute is telling.
US Grand Jury (GJ) System
GJ is a process in which only the prosecution presents its case, the accused has no right to testify but a prosecutor may extend an invitation to a defendant to testify if he waives his right to counsel. Defence attorneys are not permitted to be present at GJ proceedings. GJ can consider evidence obtained illegally, improperly, or in violation of the law; its proceedings are secret, so no one knows what went on.
Plea Bargaining (PB) in the US
Prosecutors usually offer a plea deal so that the accused can duck trial and a lengthier sentence. Petty felons, frightened by threats of harsh treatment, agree to falsely finger others so that prosecutors can have other high-profile targets to go after. It is no surprise that 97% of criminal cases in the US end up in plea bargains since most accused fear harsh treatment or false allegations. This is a system that feeds on itself and gives prosecutors an expanding case load to feast upon. There have been cases where felons accepted false plea bargains and perjured themselves to finger and convict innocent persons of murder. To be fair laws have been enacted in an attempt to limit the threats to democratic rights posed by abuse of this system but when the abuser of the system is a public prosecutor in effect the abuser becomes the all-powerful US Government itself. The other aspect is media frenzy as prosecutors frequently hold highly publicised press conference for their own aggrandisement.
When felons plead guilty, they implicitly agree to be sentenced. Prosecutors agree, as part of a plea not to recommend an enhanced sentence such as additional time in prison. Plea bargaining is a dilemma for defence attorneys too; they must choose between seeking a good deal for their clients and maintaining their relationship with prosecutors for the sake of other benefits. Plea Bargaining is conviction without trial, a feeding ground for ambitious prosecutors and a dilemma for defence lawyers.
Improper role of Congressmen/women
Blatant insider-trading improprieties by members of Congress were revealed in a popular TV show 60 Minutes+. The Washington Post also revealed this impropriety in June 2012 and claimed that 34 members of Congress (Democrats and Republicans) rapidly modified their investment portfolios after phone calls and meetings with then Treasury Secretary Hank Paulson, his deputy and current Secretary Timothy Geithner and Fed Chairman Ben Bernanke. This is very incorrect use of insider information.
Attempts to influence the Judiciary in the US
To the best of my knowledge there have been no recent reports of presidents or members of the Cabinet attempting to influence the judgements of the higher judiciary. At lower levels, judges may not be clean. To go by RR’s narrative Judge Richard Howell who tried his case is not someone American justice can be proud of. William Barr, Trump’s Attorney General (Minister of Justice) from February 2019 to December 2020 brought the Justice Department close to the White House making it dovetail with Trump’s wishes and demands. But when Trump was going out of control and attempting to invalidate the election results, Barr who had been fired just days earlier told journalists that Trump’s claims were “bullshit”. I conclude that Barr was cornered, not trustworthy.
I have expended a large number of words on the US Justice system since local readers I presume are familiar with the justice system and the judiciary at home. I will close with a comparative evaluation of the two countries. There are two aspects, the justice system or administration of justice per se and the judiciary or independence of the courts. On both counts Sri Lanka ranks below the US. Nevertheless, an appalling feature of the US legal system is that US District Attorneys and Federal Judges are not civil servants, they are political appointees. Upon the inauguration of a president every one of them is expected to resign giving the new president an opportunity to make fresh appointments.

I have described in brief the shortcomings or perversions of justice that the US Grand Jury system and Plea Bargaining give rise to. However, the degree of political interference in Sri Lanka is flagrant. The Attorney General is a slave of political powers and presidents. People are indicted and others exempted depending on the whims of the political establishment. Murders released and other murders who slit children’s throats pardoned and rearrested depending on the winds of political benefit. The administration of justice in Lanka is more politically perverse than in the US.
Manipulation and interference of judicial independence is not a novelty in Sri Lanka. I do not know of attempts by presidents, cabinet or influence peddlers acting on behalf of these powers attempting to influence the verdicts of the higher judiciary in the US. It is not a secret that the judiciary in Sri Lanka has been intimidated by presidents or their influence peddlers; for example, JR, Chandrika, Mahinda and Gota. Chandrika even exploited the legendary lechery of a certain Judge Silva to serve her political ends. The refreshing assertiveness of judges after Gota was driven out is apparent, but this is also tell-tale! I am of the view that on balance on both counts, administration of justice and judicial independence, Lanka trails behind the USA.
Rajaratnam’s Uneven Justice is an enjoyable book for the author’s personal story and the story of prosecution of his company Galleon. It fleshes out illegal wiretaps, reckless disregard for the truth, concealing witness who could damage the prosecution’s case and other unique aspects of the US justice system. Plea bargaining is the worst perversions of the system. Try to get hold of a copy of the book, it’s a good read. I have omitted these personal storylines here because my focus is on the political dimension.
The backdrop to the RR saga is the 2008-9 financial crash which destroyed about 7 trillion dollars – families lost homes unable to pay mortgages, personal savings were wiped out and there was a marked increase in poverty. No financier, banker, chief executive, company president or Wall Street highflyer was brought to trial. When compensation had to be paid it was shareholder money that was sacrificed. The biggest, allegedly most crooked companies (Finance Capitalists) AIG, Goldman Sachs, Lehman Brothers, JP Morgan, Bank of America and Morgan Stanley were declared “too big to fail” and thus protected by Obama at the cost of the ordinary American. HSBC which was up to its neck in money laundering and shifting swathes of drug money got away with a rap on the knuckles. Finance Capital (FC) is a power designed to shield the filthy rich at the cost of the middle and working classes. RR’s tiny hedge fund Galleon took a hit but FC is too big a creature for me to adequately discuss in this column today.
Features
Sheer rise of Realpolitik making the world see the brink
The recent humanly costly torpedoing of an Iranian naval vessel in Sri Lanka’s Exclusive Economic Zone by a US submarine has raised a number of issues of great importance to international political discourse and law that call for elucidation. It is best that enlightened commentary is brought to bear in such discussions because at present misleading and uninformed speculation on questions arising from the incident are being aired by particularly jingoistic politicians of Sri Lanka’s South which could prove deleterious.
As matters stand, there seems to be no credible evidence that the Indian state was aware of the impending torpedoing of the Iranian vessel but these acerbic-tongued politicians of Sri Lanka’s South would have the local public believe that the tragedy was triggered with India’s connivance. Likewise, India is accused of ‘embroiling’ Sri Lanka in the incident on account of seemingly having prior knowledge of it and not warning Sri Lanka about the impending disaster.
It is plain that a process is once again afoot to raise anti-India hysteria in Sri Lanka. An obligation is cast on the Sri Lankan government to ensure that incendiary speculation of the above kind is defeated and India-Sri Lanka relations are prevented from being in any way harmed. Proactive measures are needed by the Sri Lankan government and well meaning quarters to ensure that public discourse in such matters have a factual and rational basis. ‘Knowledge gaps’ could prove hazardous.
Meanwhile, there could be no doubt that Sri Lanka’s sovereignty was violated by the US because the sinking of the Iranian vessel took place in Sri Lanka’s Exclusive Economic Zone. While there is no international decrying of the incident, and this is to be regretted, Sri Lanka’s helplessness and small player status would enable the US to ‘get away with it’.
Could anything be done by the international community to hold the US to account over the act of lawlessness in question? None is the answer at present. This is because in the current ‘Global Disorder’ major powers could commit the gravest international irregularities with impunity. As the threadbare cliché declares, ‘Might is Right’….. or so it seems.
Unfortunately, the UN could only merely verbally denounce any violations of International Law by the world’s foremost powers. It cannot use countervailing force against violators of the law, for example, on account of the divided nature of the UN Security Council, whose permanent members have shown incapability of seeing eye-to-eye on grave matters relating to International Law and order over the decades.
The foregoing considerations could force the conclusion on uncritical sections that Political Realism or Realpolitik has won out in the end. A basic premise of the school of thought known as Political Realism is that power or force wielded by states and international actors determine the shape, direction and substance of international relations. This school stands in marked contrast to political idealists who essentially proclaim that moral norms and values determine the nature of local and international politics.
While, British political scientist Thomas Hobbes, for instance, was a proponent of Political Realism, political idealism has its roots in the teachings of Socrates, Plato and latterly Friedrich Hegel of Germany, to name just few such notables.
On the face of it, therefore, there is no getting way from the conclusion that coercive force is the deciding factor in international politics. If this were not so, US President Donald Trump in collaboration with Israeli Rightist Premier Benjamin Natanyahu could not have wielded the ‘big stick’, so to speak, on Iran, killed its Supreme Head of State, terrorized the Iranian public and gone ‘scot-free’. That is, currently, the US’ impunity seems to be limitless.
Moreover, the evidence is that the Western bloc is reuniting in the face of Iran’s threats to stymie the flow of oil from West Asia to the rest of the world. The recent G7 summit witnessed a coming together of the foremost powers of the global North to ensure that the West does not suffer grave negative consequences from any future blocking of western oil supplies.
Meanwhile, Israel is having a ‘free run’ of the Middle East, so to speak, picking out perceived adversarial powers, such as Lebanon, and militarily neutralizing them; once again with impunity. On the other hand, Iran has been bringing under assault, with no questions asked, Gulf states that are seen as allying with the US and Israel. West Asia is facing a compounded crisis and International Law seems to be helplessly silent.
Wittingly or unwittingly, matters at the heart of International Law and peace are being obfuscated by some pro-Trump administration commentators meanwhile. For example, retired US Navy Captain Brent Sadler has cited Article 51 of the UN Charter, which provides for the right to self or collective self-defence of UN member states in the face of armed attacks, as justifying the US sinking of the Iranian vessel (See page 2 of The Island of March 10, 2026). But the Article makes it clear that such measures could be resorted to by UN members only ‘ if an armed attack occurs’ against them and under no other circumstances. But no such thing happened in the incident in question and the US acted under a sheer threat perception.
Clearly, the US has violated the Article through its action and has once again demonstrated its tendency to arbitrarily use military might. The general drift of Sadler’s thinking is that in the face of pressing national priorities, obligations of a state under International Law could be side-stepped. This is a sure recipe for international anarchy because in such a policy environment states could pursue their national interests, irrespective of their merits, disregarding in the process their obligations towards the international community.
Moreover, Article 51 repeatedly reiterates the authority of the UN Security Council and the obligation of those states that act in self-defence to report to the Council and be guided by it. Sadler, therefore, could be said to have cited the Article very selectively, whereas, right along member states’ commitments to the UNSC are stressed.
However, it is beyond doubt that international anarchy has strengthened its grip over the world. While the US set destabilizing precedents after the crumbling of the Cold War that paved the way for the current anarchic situation, Russia further aggravated these degenerative trends through its invasion of Ukraine. Stepping back from anarchy has thus emerged as the prime challenge for the world community.
Features
A Tribute to Professor H. L. Seneviratne – Part II
A Living Legend of the Peradeniya Tradition:
(First part of this article appeared yesterday)
H.L. Seneviratne’s tenure at the University of Virginia was marked not only by his ethnographic rigour but also by his profound dedication to the preservation and study of South Asian film culture. Recognising that cinema is often the most vital expression of a society’s aspirations and anxieties, he played a central role in curating what is now one of the most significant Indian film collections in the United States. His approach to curation was never merely archival; it was informed by his anthropological work, treating films as primary texts for understanding the ideological shifts within the subcontinent
The collection he helped build at the UVA Library, particularly within the Clemons Library holdings, serves as a comprehensive survey of the Indian ‘Parallel Cinema’ movement and the works of legendary auteurs. This includes the filmographies of directors such as Satyajit Ray, whose nuanced portrayals of the Indian middle class and rural poverty provided a cinematic counterpart to H.L. Seneviratne’s own academic interests in social change. By prioritising the works of figures such as Mrinal Sen and Ritwik Ghatak, H.L. Seneviratne ensured that students and scholars had access to films that wrestled with the complex legacies of colonialism, partition, and the struggle for national identity.
These films represent the ‘Parallel Cinema’ movement of West Bengal rather than the commercial Hindi industry of Mumbai. H.L. Seneviratne’s focus initially cantered on those world-renowned Bengali masters; it eventually broadened to encompass the distinct cinematic languages of the South. These films refer to the specific masterpieces from the Malayalam and Tamil regions—such as the meditative realism of Adoor Gopalakrishnan or the stylistic innovations of Mani Ratnam—which are culturally and linguistically distinct from the Bengali works. Essentially, H.L. Seneviratne is moving from the specific (Bengal) to the panoramic, ensuring that the curatorial work of H.L. Seneviratne was not just a ‘Greatest Hits of Kolkata’ but a truly national representation of Indian artistry. These films were selected for their ability to articulate internal critiques of Indian society, often focusing on issues of caste, gender, and the impact of modernisation on traditional life. Through this collection, H.L. Seneviratne positioned cinema as a tool for exposing the social dynamics that often remain hidden in traditional historical records, much like the hidden political rituals he uncovered in his early research.
Beyond the films themselves, H.L. Seneviratne integrated these visual resources into his curriculum, fostering a generation of scholars who understood the power of the image in South Asian politics. He frequently used these screenings to illustrate the conflation of past and present, showing how modern cinema often reworks ancient myths to serve contemporary political agendas. His legacy at the University of Virginia therefore encompasses both a rigorous body of writing that deconstructed the work of the kings and a vivid archive of films that continues to document the work of culture in a rapidly changing world.
In his lectures on Sri Lankan cinema, H.L. Seneviratne has frequently championed Lester James Peries as the ‘father of authentic Sinhala cinema.’ He views Peries’s 1956 film Rekava (Line of Destiny) as a watershed moment that liberated the local industry from the formulaic influence of South Indian commercial films. For H.L. Seneviratne, Peries was not just a filmmaker but an ethnographer of the screen. He often points to Peries’s ability to capture the subtle rhythms of rural life and the decline of the feudal elite, most notably in his masterpiece Gamperaliya, as a visual parallel to his own research into the transformation of traditional authority. H.L. Seneviratne argues that Peries provided a realistic way of seeing for the nation, one that eschewed nationalist caricature in favour of complex human emotion.
However, H.L. Seneviratne’s praise for Peries is often tempered by a critique of the broader visual nationalism that followed. He has expressed concern that later filmmakers sometimes misappropriated Peries’s indigenous style to promote a narrow, majoritarian view of history. In his view, while Peries opened the door to an authentic Sri Lankan identity, the state and subsequent commercial interests often used that same door to usher in a simplified, heroic past. This critique aligns with his broader academic stance against the rationalization of culture for political ends.
Constitutional Governance:
H.L. Seneviratne’s support for independent commissions is best described as a hopeful pragmatism; he views them as essential, albeit fragile, instruments for diffusing the hyper-concentration of executive power. Writing to Colombo Page and several news tabloids, H.L. Seneviratne addresses the democratic deficit by creating a structural buffer between partisan interests and public institutions, theoretically ensuring that the judiciary, police, and civil service operate on merit rather than political whim. However, he remains deeply aware that these commissions are not a panacea and are indeed inherently susceptible to the ‘politics of patronage.’
In cultures where power is traditionally exercised through personal loyalties, there is a constant risk that these bodies will be subverted through the appointment of hidden partisans or rendered toothless through administrative sabotage. Thus, while H.L. Seneviratne advocates for them as a means to transition a state from a patron-client culture to a rule-of-law framework, his anthropological lens suggests that the success of such commissions depends less on the law itself and more on the sustained pressure of civil society to keep them honest.
Whether discussing the nuances of a film’s narrative or the complexities of a constitutional clause, H.L. Seneviratne’s approach remains consistent in its focus on the spirit behind the institution. He maintains that a healthy democracy requires more than just the right laws or the right symbols; it requires a citizenry and a clergy capable of critical self-reflection. His career at the University of Virginia and his continued engagement with Sri Lankan public life stand as a testament to the idea that the intellectual’s work is never truly finished until the work of the people is fully realized.
In the context of H.L. Seneviratne’s philosophy, as discussed in his work of the kings ‘the work of the people’ is far more than a populist catchphrase; it represents the practical application of critical consciousness within a democracy. Rather than defining ‘work’ as labour or voting, H.L. Seneviratne views it as the transition of a population from passive subjects to an active, self-reflective citizenry. This means that a democracy is only truly ‘realized’ when the public possesses the intellectual autonomy to look beyond the ‘right laws’ or ‘right symbols’ and instead engage with the underlying spirit of their institutions. For H.L. Seneviratne, this work is specifically tied to the ability of the people—including influential groups like the clergy—to perform rigorous self-critique, ensuring that they are not merely following tradition or authority, but are actively sustaining the ethical health of the nation. It is a perpetual process of civic education and moral vigilance that moves a society from the ‘paper’ democracy of a constitution to a lived reality of accountability and insight.
This decline of the ‘intellectual monk’ had a catastrophic impact on the political landscape, particularly surrounding the watershed moment of 1956 and the ‘Sinhala Only’ movement. H.L. Seneviratne posits that when the Sangha exchanged their role as impartial moral advisors for that of political kingmakers, they became the primary obstacle to ethnic reconciliation. He suggests that politicians, fearing the immense grassroots influence of the monks, entered a state of monachophobia, where they felt unable to propose pluralistic or fair policies toward minority communities for fear of being branded as traitors to the faith. In H.L. Seneviratne’s framework, the monk’s transition from a social servant to a political vanguard effectively trapped the state in a cycle of majoritarian nationalism from which it has yet to escape.
H.L. Seneviratne’s work serves as a multifaceted critique of the modern Sri Lankan state and its cultural foundations. Whether he is dissecting what he sees as the betrayal of the monastic ideal or celebrating the humanistic vision of an Indian filmmaker, his goal remains the same: to champion a world where intellect and compassion are not sacrificed on the altar of political power. His legacy at the University of Virginia and his continued voice in Sri Lankan discourse remind us that the work of the intellectual is to provide a moral compass even, indeed especially, when the nation has lost its way.
(Concluded)
by Professor
M. W. Amarasiri de Silva
Features
Musical journey of Nilanka Anjalee …
Nilanka Anjalee Wickramasinghe is, in fact, a reputed doctor, but the plus factor is that she has an awesome singing voice, as well., which stands as a reminder that music and intellect can harmonise beautifully.
Well, our spotlight today is on ‘Nilanka – the Singer,’ and not ‘Nilanka – the Singing Doctor!’
Nilanka’s journey in music began at an early age, nurtured by an ear finely tuned to nuance and a heart that sought expression beyond words.
Under the tutelage of her singing teachers, she went on to achieve the A.T.C.L. Diploma in Piano and the L.T.C.L. Diploma in Vocals from Trinity College, London – qualifications recognised internationally for their rigor and artistry.
These achievements formally certified her as a teacher and performer in both opera singing and piano music, while her Performer’s Certificate for singing attested to her flair on stage.
Nilanka believes that music must move the listener, not merely impress them, emphasising that “technique is a language, but emotion is the message,” and that conviction shines through in her stage presence –serene yet powerful, intimate yet commanding.
Her YouTube channel, Facebook and Instagram pages, “Nilanka Anjalee,” have become a window into her evolving artistry.
Here, audiences find not only her elegant renditions of local and international pieces but also her original songs, which reveal a reflective and modern voice with a timeless sensibility.
Each performance – whether a haunting ballad or a jubilant interpretation of a traditional hymn – carries her signature blend of technical finesse and emotional depth.
Beyond the concert hall and digital stage, Nilanka’s music is driven by a deep commitment to meaning.
Her work often reflects her belief in empathy, inner balance, and the beauty of simplicity—values that give her performances their quiet strength.
She says she continues to collaborate with musicians across genres, composing and performing pieces that reflect both her classical discipline and her contemporary outlook.
Widely acclaimed for her ability to adapt to both formal and modern stages, with equal grace, and with her growing repertoire, Nilanka has become a sought-after soloist at concerts and special events,
For those who seek to experience her artistry, firsthand, Nilanka Anjalee says she can be contacted for live performances and collaborations through her official channels.
Her voice – refined, resonant, and resolutely her own – reminds us that music, at its core, is not about perfection, but truth.
Dr. Nilanka Anjalee Wickramasinghe also indicated that her newest single, an original, titled ‘Koloba Ahasa Yata,’ with lyrics, melody and singing all done by her, is scheduled for release this month (March)
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